IF YOU READ NOTHING ELSE ON THIS PAGE, PLEASE READ THIS:
Rev. 03/27/19
NOTICE AND TERMS:
All terms, conditions, disclosures, and notices appearing in this document, whether appearing electronically or otherwise, are collectively referred to as the “Agreement”. “Rentor”, “We”, “Us”, “Our”, and “BCR” collectively mean Bozeman Car Rentals, LLC of 23 N 7th Ave Bozeman, MT 59715, a Montana Limited Liability Company, and shall include its heirs, successors in interest, assigns, employees, agents, and representatives. “Rentee”, “Customer”, “You”, and “Your” collectively mean the Renter listed on Page 1 of this Agreement or the primary Renter. An additional driver, if any, as described in this Agreement, shall be jointly and severally liable under the terms of this Agreement to the same effect as if the additional driver is the primary renter. You may not assign or transfer Your responsibilities or obligations under this Agreement. Headings of each section are for convenience only and may not completely describe the contents of the corresponding paragraph.
Rentor hereby rents to the Rentee identified in this Agreement, the Vehicle described, subject to all the terms and provisions of this Agreement.
Under no circumstances can the maximum legal limit of 28 days rental period be exceeded.
1. DRIVERS: In no event shall the Vehicle be used, operated, or driven by any person other than the Rentee or qualified licensed drivers at least 21 years of age who have Rentor's advance permission to use the Vehicle and whose names appear as additional drivers on this Agreement.
2. PROHIBITED USE: The Vehicle shall not be used:
1. For the transportation of persons or cargo for compensation;
2. In any race, test, or competitive event;
3. To “hot rod” the Vehicle or use the Vehicle in excess of its mechanical limits;
4. Outside the United States without first obtaining Rentor's written permission;
5. By any person not specified in Paragraph 1 above or defined in this Agreement;
6. In violation of any federal, state, or local laws;
7. While under the influence of intoxicants or drugs;
8. To push or tow;
9. To leave the keys in or not to properly lock up or secure the Vehicle (excluding valet parking);
10. If further use of the Vehicle would cause damage (warning light on, flat tire, steam rising from engine, etc.);
11. To carry hazardous or explosive substances;
12. To transport a total Vehicle and payload weight in excess of the gross Vehicle weight as specified on the Vehicle or the Vehicle’s door sticker specifying GVWR;
13. To drive in or through a structure where there is insufficient clearance, whether of height or width, or off regularly maintained roadways;
14. To drive Vehicle if cargo is improperly and/or not secured;
15. Without use of seat belts for all passengers;
16. To transport more passengers than for which the vehicle has capacity.
You agree not to drive the Vehicle with aggressive or excessive acceleration, braking, or cornering, or drive in a way that puts undue wear on the Vehicle.
In no event shall Rentee subrent or release the Vehicle to another person or Corporation. If the Vehicle is obtained from Rentor by fraud or misrepresentation, or is obtained or used in furtherance of an illegal purpose, all use of the Vehicle is without Rentor's permission. The foregoing conditions are cumulative and each of them shall apply to every use, operation, or driving of the Vehicle.
3 RETURN OF VEHICLE:
Notice is hereby given: Pursuant to MCA 45-6-309: Failure to return rented or leased personal property:
(1) A person commits the offense of failure to return rented or leased personal property if, without notice to and permission of the lessor, the person purposely and knowingly fails to return the property within 48 hours after the time provided for return in the rental agreement, provided that clear written notice, in bold print, of the date and time when return of the property is required and of the penalty prescribed in this section is stated in the rental or lease agreement.
(2) Presentation to the lessor by the lessee of identification that is false for the purpose of obtaining a rental or lease agreement constitutes prima facie evidence of commission of the offense.
(3) After the rental or lease period specified in the rental or lease agreement has expired, failure to return rented or leased personal property within 72 hours of written demand by the lessor, sent by certified mail to the renter or lessee at the address given at the time of entering the rental or lease agreement, constitutes prima facie evidence of commission of the offense.
(4) (a) A person convicted of failure to return rented or leased personal property not exceeding $1,500 in value shall be fined an amount not to exceed $1,500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
(b) A person convicted of failure to return rented or leased personal property that exceeds $1,500 in value and does not exceed $5,000 in value shall be fined an amount not to exceed $1,500 or be imprisoned in the state prison for a term not to exceed 3 years, or both. A person convicted of a second offense shall be fined an amount not to exceed $1,500 or be imprisoned in the state prison for a term not to exceed 5 years, or both. A person convicted of a third or subsequent offense shall be imprisoned in the state prison for a term of not less than 2 years or more than 5 years and may be fined an amount not to exceed $5,000.
(c) A person convicted of failure to return rental or leased personal property exceeding $5,000 in value or part of a common scheme shall be fined an amount not to exceed $10,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.
This Agreement is of one rental only. The Vehicle is the property of the Rentor and shall be returned to the Rentor’s address or at a place designated by Rentor and on the date shown on page 1 or earlier if demanded, together with all tires, tools, accessories, and equipment in the same condition as when received, ordinary wear and tear expected. Ordinary wear and tear does not include damage to glass or windshield, tires, or rims. Failure to return the Vehicle to the place and on the date as set forth in this Agreement, will terminate the Rentor's permission for the Rentee to use the Vehicle and thus will terminate the extension of all insurance coverage herein provided. If the rented Vehicle is returned to Rentor at any place other than that listed herein, or if Rentee fails to properly return the Vehicle, Rentee agrees to pay all expenses incurred by Rentor to have the Vehicle returned. Rentor or any of its agents or employees, may peacefully repossess the Vehicle without demand where ever found and terminate this rental Agreement if the Vehicle is illegally parked, is used in violation of law, or in violation of the Agreement, or was abandoned. Rentor shall not in any way be liable to Rentee for damages resulting from such repossession nor shall it be responsible for the loss or damage to any property of Rentee contain therein.
4 AMOUNT DUE RENTOR. Rentee shall pay Rentor on demand:
1. All times and mileage charges as computed in this Agreement with mileage determined by reading the Vehicle odometer; Rentee shall not detach the odometer and shall pay for its repair or replacement if any seal has been broken along with a mileage charge adjustment to the average charge developed from Rentor's experience.
2. Basic or minimum rate, service, fees for other products, and other charges shown on this Agreement;
3. Refueling charge of Vehicles returned with less fuel than when rented;
4. All State’s use, exercise, or other tax charges in this Agreement, by Rentor as reimbursement for taxes paid. Rentee is responsible for fuel, weight, and road use permits;
5. All fines, fines for toll violations or invasions, penalties, forfeitures, citations, impound fees, towing and storage, court costs, and out-of-pocket expenses plus any other cost incurred by Rentor with respect to Rentee's use of the Vehicle including parking, traffic, or other violations assessed against Rentor, the Vehicle, or Rentee, unless due to Rentor's fault;
6. Rentee gives Rentor permission (direct expressed consent, clear, definite and unequivocal) to contact Rentee using any existing technology or otherwise provided or limited by applicable law.
7. If any charges or fees are not paid within 10 days of demand, or at the time of the return of the rented Vehicle, whichever is sooner, a late payment fee of $30.00 will be assessed. An interest charge will accrue at 1.75% per month until balance and accrued interest has been paid in full. Your balance may be transferred to a collection agency of Our choosing in order to collect the debt.
8. This is a list of common applicable fees. Other applicable fees not included on this list may also apply. $300 for getting this Vehicle out of impound plus all associated costs. $500 for removing smoke smell out of this Vehicle. $200 for detailing should this Vehicle be returned dirty (to be determined at Rentor’s sole discretion). $100 for any outstanding tickets, traffic violations, etc., plus all associated costs. $400 for lost key replacement charge. $25 for each toll should you fail to pay any tolls in this Vehicle. This is a non-smoking Vehicle.
5 Vehicle Insurance
Rentee must provide Rentor with proof of an active liability and full coverage insurance policy that will be in effect for a minimum of the duration of the rental period. Rentor may, at its discretion, require the Rentee to purchase additional insurance to the Rentor’s satisfaction if Rentee does not satisfy the Rentor’s full coverage insurance requirements. The Rentee may not enter into this Agreement without at least providing Rentor with satisfactory liability insurance. Rentee agrees that the Rentee’s insurance policy shall be primary to any other insurance that may be in effect or in force on the Vehicle. Rentor provides liability coverage for persons using the Vehicle with permission of the Rentor, as provided for in Paragraph 1 thereof (and not otherwise), in accordance with the provisions of an automobile liability insurance policy with limits equal to the minimum requirements of any applicable state financial responsibility law or other similar law or statute. All coverage is afforded under this Agreement are applicable only after all other valid and collectible insurance (whether primary, excess, or contingent) has been paid and exhausted into the full limits of all such policies. Unless required by law, the policy does not include no fault, supplemental no fault, uninsured/underinsured motorist coverage or other optional coverages, and Rentee hereby rejects such coverage to the extent permitted by law. Where such coverages are required by law, they are provided at the minimum required limits.
RENTOR’S POLICY SHALL NOT PAY:
1. To any obligation for which the Rentee or any driver of the Vehicle or the employer of either or any insurance carrier may be held liable under any workers compensation or disability benefits or similar law;
2. To any obligation assumed by Rentee or any driver under any expressed or implied contract;
3. To any liability of Rentee or any driver, employer of either, arising while the Vehicle is being used in violation of the terms and provisions of this Agreement;
4. Unless otherwise required by law, to medical payments required by person sustaining injuries while riding or alighting from getting into or on the Vehicle.
6 INDEMNITY
Rentee releases and holds Rentor, its agents, and employees harmless from all claims for loss or damage to any property of the Rentee or any other person left in, on, or about the Vehicle, either before or after it's return to the Rentor or on the Rentor’s premises without regard to any negligence by Rentor or any of its agents or employees. Rentee shall defend, indemnify, and hold harmless Rentor from and against any and all losses, liabilities, damages, injuries, claims, demands, or cost and expenses arising out of the use and possession of the Vehicle, including but not limited to any and all fines, penalties, and forfeitures imposed under any federal, state, municipal, or any statute law, ordinance, rule, regulation, or insurance policy provision, and to the extent not covered by insurance any claims of, or liabilities to, third persons arising out of abandonment, conversion, secretion, concealment, or unauthorized sale of the Vehicle by Rentee or its drivers, agents, or employees, or the confiscation of the Vehicle by any governmental authority for illegal or improper use of the Vehicle. Additionally, Rentee shall indemnify and hold Rentor harmless for all loss, liability, and expense in excess of the limits of liability, death, or property damage rising out of the use or operation of the Vehicle.
7 NO AGENCY
Neither Rentee nor any other driver of the Vehicle shall be or is deemed to be the agent, servant, or employee of the Rentor for any reason or for any purpose. During the term of this Agreement, Rentee shall completely assume full responsibility for the Vehicle to the public and any regulatory body having jurisdiction.
8 REPAIRS
Rentee shall not permit any repairs to the Vehicle or suffer any lien to be placed upon it without Rentor's consent. Rentee shall be liable for any such repairs.
9 ACCIDENTS
Rentee shall immediately report any accident to Rentor and deliver to Rentor or its insurer every process, pleading, notice, or paper of any kind received by Rentee or any driver of the Vehicle relating to any claim, suit, or proceeding connected with any accident or event involving the Vehicle. Neither Rentee nor any driver of the Vehicle shall aid or abet the assertion of any such claim, suit, or proceeding and shall cooperate fully with Rentor and its insurer in investigating and defending the same.
10 CREDIT CHARGES
In the event Rentee directs Rentor to bill charges hereunder to any other person or organization, such person or organization and Rentee shall be jointly and severally liable for all such charges.
Rentee expressly authorizes Rentor to process one or more credit card vouchers, if any, in his name for charges made hereunder. Your signature or electronic acceptance of this Agreement shall apply to all terms of this Agreement and to any and all credit card vouchers.
11 COMPLETE AGREEMENT, GOVERNING LAW, SEVERABILITY, DELAYED ENFORCEMENT
This is a complete agreement and is subject to the laws of Gallatin County, State of Montana. Any claim, suit, action, or arbitration shall be brought in Gallatin County, Montana. This Agreement may be modified or amended in writing. If any part of this Agreement is found to be contrary to law or invalid, the remainder of this Agreement shall remain in force, separately from the invalid part. If any action is brought against either party to enforce the terms of this Agreement, the prevailing party shall be entitled to actual damages and reasonable attorney's fees, as to be determined by the court or arbitrator. We can delay or refrain from enforcing any of our rights under this Agreement without losing them. Any change in the terms of this Agreement must be in writing and signed by Us. No oral changes are binding.
12 NO WARRANTIES
We are renting this Vehicle to you as-is and we expressly disclaim all warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose.
13 ADDITIONAL TERMS, CONDITIONS, AND ACCEPTANCE OF AGREEMENT
a) Qualifications of Drivers
The primary renter and any additional drivers must each have a current and valid United States driver’s license. Foreign or international driver’s licenses are not accepted. An additional driver may be added to the rental agreement for an additional daily fee. The renter and additional driver must each have their own credit card. An additional authorization hold will be placed on the additional driver’s credit card for up to the amount of the required deposit for the specific vehicle. If a potential additional driver does not meet these requirements, they will not be permitted to be an additional driver. The additional driver must be present at the time of rental checkout to show a valid driver’s license and sign the rental agreement.
If it appears that You are under the influence of drugs or alcohol, your rental will be denied. If your reservation was made in advance, You will be charged a one day rental fee plus applicable tax in accordance with the “Loss of Use” clause of this Agreement.
You must have Your driver’s license and Your proof of insurance with You at the time of rental check-out.
The credit card used for the reservation must be available at the time of the vehicle check out. If this card is not available, the reservation will be canceled and a new reservation will be made for the same dollar amount as the original reservation at the time of the rental with an available credit card. In this case only, the cancellation will be made without penalty in order to make the new reservation/rental. If an acceptable credit card, as defined by this Agreement, is not available, your reservation will not be honored.
We reserve the right to deny a rental vehicle to any potential customer based on an unsatisfactory driver’s license, derogatory credit or driving record, financial instability, or other reasons. You give Us Your direct and express consent to investigate Your credit and/or Your driving record, also known as a MVR or DMV check.
You agree and promise that You, at the time of the rental:
Have a valid license that is not currently suspended, expired, revoked, canceled or surrendered;
Have not, within the last 36 months, had a conviction for reckless driving;
Have not, within the last 48 months, had a conviction for driving under the influence of drugs or alcohol;
Have never failed to report or left the scene of an accident;
Have never been in possession of a stolen vehicle or used a vehicle in a crime;
Have not, within the last 24 months, had 2 or more convictions for moving violations (including seat belt violations);
Have not, within the last 36 months, had 2 or more accidents, regardless of fault;
Do not currently have a SR-22 policy.
If You make a reservation and any of the above statements are misrepresented, Your reservation will not be honored and refunds will be handled in accordance with Our cancellation policy.
b) Age of Drivers
You must be at least 21 years of age in order to rent a vehicle from Bozeman Car Rentals, LLC. Additional drivers must also be at least 21 years of age. If You are between the ages of 21 and 24, You are considered an Under Age Driver and a daily “Under Age Driver” fee will be assessed. You may pay this fee when You make your reservation or when You pick up your rental vehicle. This fee will be assessed for each underage driver. Certain vehicles are not permitted to be rented to, or have listed as an additional driver, an Under Age Driver.
c)Insurance and Replacement Value
You must have an active liability insurance policy in force in order to rent a vehicle. If You do not have an active liability insurance policy, please do not make a reservation. YOUR RESERVATION WILL NOT BE HONORED AND REFUNDS WILL BE HANDLED IN ACCORDANCE WITH OUR CANCELLATION POLICY.
Your insurance policy must be in YOUR NAME. We cannot accept insurance that is in a name other than your own for any reason. Your insurance policy must name your specific personally insured vehicle. “Named Operator” and similar policies are not acceptable.
If You do not have a full coverage insurance policy that will cover the rented vehicle for comprehensive and collision damage, You are required and agree to purchase Renter’s Collision Protection (RCP). You must show proof of an active full coverage policy if You do not want to purchase RCP. If You decline RCP and you have an active full coverage insurance policy, your deposit will increase to the deductible of your collision or comprehensive policy, or the standard deposit for the particular vehicle will apply, whichever is greater.
If the Vehicle is damaged beyond repair, declared a total loss, or similar, the replacement value You owe Us for the Vehicle shall be determined by using the current month edition of the NADA Guide retail value, and adjusted for mileage at the time of the incident and applicable add on equipment as provided in the NADA Guide.
d) Optional Other Insurance
We may offer additional insurance products that You may purchase. These products are subject to the terms and conditions of the product supplier. We make no warranties or guarantees to any third party product that You purchase. Any claim, dispute, or issue that may arise is between You and the insurance product company, not Us. Any additional product shall not be determined to be a Loss Damage Waiver, Physical Damage Waiver, or similar.
If you purchase Renter’s Collision Protection (RCP), You understand that RCP is not a Loss Damage Waiver, Physical Damage Waiver, or similar. If damage of the Vehicle exceeds the maximum payout of the RCP policy, You agree and understand that You are liable and responsible for any additional cost to replace the Vehicle, as defined in section 13.c. Other terms and conditions apply. Refer to the RCP contract for further details and exclusions. RCP is subject to the terms and conditions of the RCP contract. Your purchase of RCP does not limit or invalidate Our rights under section 13.o of this Agreement.
e) Cancellation Policy
When you book, we will collect a 25% non-refundable down payment to secure your reservation.
If you have selected a paid in full reservation (online booking only), the reservation is non-refundable. Refunds, if applicable, will be made to the credit card on which the reservation was made. Prepaid optional insurance products and Bozeman Airport Concession Fee, if applicable, will be fully refunded.
f) Rental Period
The rental period is calculated in 24 hour periods. The period begins at the time of pickup.
g) Early Returns
If You return the Vehicle before your scheduled return date, You will not be eligible for a refund of unused days, time, excess mileage charges, taxes, other fees, or other products.
h) Late Arrival
You must specify the time of day that You will pickup the Vehicle at the time of reservation. Time of day pickup changes are permitted. We guarantee a one hour grace period from Your scheduled and reserved pickup time. If You are more than one hour late to pick up your Vehicle, your reservation may not be held and is subject to the “No Show” clause of this Agreement. We are not obligated to attempt to contact You to extend the one hour grace period. If You are late and We no longer have the Vehicle that You reserved available, We will offer You an alternative vehicle, if available, under section 13.t in this Agreement.
i)No Show Policy
If You fail to arrive within one hour after your scheduled and reserved pickup time, You will be considered a “No Show”. If You did not make a “Paid In Full” reservation, You forfeit any down payment made to secure the reservation. In addition, You will be charged an additional 15% No Show penalty. The amount charged applies to time charges and applicable taxes. If You made a “Paid In Full” reservation, You forfeit the entire payment made, except exceptions as detailed in this section. Exceptions: Any pre-paid insurances, under age driver fee, or Bozeman airport concession fee, will be refunded.
j) Late Returns
You must return the vehicle no later than the date and time specified on your rental agreement. Late returns are charged by the hour and may significantly increase the cost of your rental. The hourly rate is approximately 25% of the daily rate. If Your return time is 4 hours or more late, you will be charged an additional day as a late return penalty. There is a 29 minute grace period. There is a one hour minimum late charge. Fractions of an hour will not be computed. Additional credit card authorizations may be secured by Us in the event of a late return.
k) Additional Days
Based on availability, We may be able to extend the number of days of Your rental. If We are able to grant Your request, additional days may be charged at a higher rate than the daily rate. Extra days shall also be charged applicable fees and taxes as if the extra day(s) were standard rental days. You consent to the amendment of the original Agreement to add additional days.
l) Vehicle Changes
If You wish to change your rented Vehicle at the time of pickup to a larger or higher class of vehicle, You may do so without penalty by paying the difference in price and taxes of the upgraded vehicle. Rentee voluntary downgrades are not permitted. Rentee involuntary downgrades will be handled in accordance with clause 13.t of this Agreement.
m) Name Changes
The name of the Rentee may be changed without penalty. The updated Rentee must personally fully qualify as a Renter as defined in this agreement. If the updated Rentee does not qualify, the name change shall not be permitted and the reservation shall remain as is.
n) Pets
Our standard policy is that pets are not allowed in rental vehicles. We may approve Your pet to be transported in the Vehicle on a case by case basis. If Your pet is approved, it must be transported in a pet carrier and not be left alone in the vehicle. A minimum fee of $175 will be assessed for pet hair discovered in the vehicle, and a $500 minimum fee if your pet leaves an odor in the vehicle (all to be determined at Our sole discretion). Pet damage to the vehicle will be charged at cost + 25%. Your pet is your responsibility. We assume no liability, and You agree that We shall bear no liability, for any outcome having to do with Your pet, or that may result from your pet being in or around the vehicle to You or any third party.
o) Loss of Use
If at any time during Your rental period, any consequence, result, action, inaction, event, or any other reason result in Our inability to rent Our Vehicle or carry on with Our standard business operations, You accept full responsibility for any damage or loss that We suffer or sustain, and give Us Your express and direct consent to continue to charge You at the daily rate, as disclosed on the rental Agreement, until such time that We are able to return Our Vehicle to service. This charge shall be in addition to any costs that We incur to repair any and all damages for which You are liable or responsible per this Agreement. Any loss of use fees that We charge as Loss of Use shall not exceed 28 days. Loss of Use days are subject to Montana rental vehicle sales tax.
p) Method of Payment, Deposit, and Discounts
A major credit card (not a debit card) is required with each and every reservation and rental, without exception. If you do not have a credit card in Your name, please do not make a reservation. We accept all major credit cards. Upon making Your reservation, a 25% deposit is required to hold Your reservation, and will be charged to Your credit card. At the time of Your reservation, You may opt to pay Your reservation in full as a non-refundable reservation in exchange for a discount (determined at time of reservation). See 13.e. If the reservation was not made as a paid in full reservation, the remainder of the total estimated charges will be collected at the time of Vehicle checkout. At the time of the rental checkout, a deposit may be drawn from Your credit card as an authorization/hold. The amount of the deposit is in addition to the cost of the rental, taxes, and other charges. Funds on hold will not be available to You while the hold is in place. At the end of the rental term, other rental fees or other charges to be paid may be paid via cash or debit card. Checks are not accepted. We may offer a discount on any rates or charges without limiting, inhibiting, or invalidating any of Our rights under this Agreement.
q) Fuel Service Charge
All Vehicles upon checkout have a full tank of fuel. You agree to return the Vehicle with a full tank of fuel. If the Vehicle is returned with less than a full tank, You agree that We will fill the tank at market price and charge Your account accordingly, plus a $10.00 service charge. This charge may be listed on the rental agreement or invoice as “Convenience Refueling” or similar.
r) Allowed Radius of Rented Vehicle
We allow a 400 mile radius from Our office on Our vehicles. If You violate this policy, We may, at Our discretion, charge you up to a $500 out of allowed area fee, declare the vehicle stolen and file a stolen vehicle report, and/or place additional authorization/holds on Your credit card. Exceptions to this policy must be made in advance.
s) International Travel
International travel is prohibited. You shall not cross an international border with the rented Vehicle.
t) Our Failure to Provide Vehicle
If We are unable to provide You with the Vehicle type for which You have a reservation, We will, if available, offer You a different vehicle for the alternative vehicle’s current rate. If another vehicle is unavailable or it is unacceptable to You, We will fully refund any monies paid to Us for the reservation in question. In no event shall We be responsible or liable to You or others, for lost time, wages, forfeiture of fees, deposits, or monies owed or paid to others, or any other expense, loss, or liability arising from Our inability to provide You with a vehicle.
u) Child Safety Seat Waiver
If You have rented or borrowed a child safety seat, car seat, booster, or infant seat “Seat”, this section applies. We provide this Seat on an As-Is basis and make no warranties or representations as to the performance or installation of the Seat. You agree that You have inspected and installed the Seat in the rental vehicle to Your satisfaction and that You will forever hold harmless and release BCR of any liability that may arise from a failure of any kind, including product recalls, of Your use of the Seat. The Seat is provided for the exclusive use of the Renter listed on this agreement. The Seat shall not be used by or transferred to any third party.
u) Arbitration Agreement
This Arbitration Agreement significantly affects your rights in any dispute with us. Please read this Arbitration Agreement carefully before you sign it.
1.EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT.
2.IF A DISPUTE IS ARBITRATED, YOU AND WE WILL EACH GIVE UP OUR RIGHT TO A TRIAL BY THE COURT OR A JURY TRIAL.
3. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US.
4. THE INFORMATION YOU AND WE MAY OBTAIN IN DISCOVERY FROM EACH OTHER IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT.
5. OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
In this Arbitration Agreement, “you” and “your” refer to the Rentee, and “we,” “us” and “our” refer to the Rentor. This Arbitration Agreement is, by this reference, incorporated into and becomes a part of the rental Agreement.
Any claim or dispute, whether in contract, tort or otherwise (including the interpretation and scope of this clause and the arbitrability of any issue), between you and us or our employees, agents, successors or assigns, which arises out of or relates in any manner to any transaction
or relationship (including any such relationship with third parties who do not sign this Arbitration Agreement, such as an assignee of the Agreement) shall, at your or our election (or the election of any such third party), be resolved by neutral, binding arbitration and not by a court action. Any claim or dispute is to be arbitrated on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. This is called the “class action waiver.”
You may choose the applicable rules of the American Arbitration Association (“AAA”), JAMS, or another arbitration organization, subject to our approval. We waive the right to require you to arbitrate an individual claim if the amount you seek to recover qualifies as a small claim under applicable law. You may obtain a copy of the rules of the AAA by visiting its web site (www.adr.org) or of JAMS by visiting its website (www.jamsadr.com). You can also refer to the websites to learn how to file for arbitration. The arbitrators shall be attorneys or retired judges and shall be selected in accordance with the applicable rules of the chosen arbitration organization. The arbitrator shall apply substantive governing law and the applicable statute of limitations. The arbitration award shall be in writing. The arbitration hearing shall be conducted in the federal district in which contains the business address of the Rentor. If you demand arbitration first, you will pay the filing fee if the chosen arbitration organization requires it. We will advance and/or pay any other fees and costs required by the rules of the chosen arbitration organization.
The arbitrator’s award shall be final and binding on all parties. There shall be a limited right to appeal to the extent allowed by the Federal Arbitration Act. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims is frivolous.
This Arbitration Agreement relates to an agreement that evidences a transaction involving interstate commerce. Any arbitration under this Arbitration Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. § 1et. seq.). Neither you nor we waive the right to arbitrate by exercising self-help remedies, filing suit, or seeking or obtaining provisional remedies from a court. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
If any part of this Arbitration Agreement other than the Class Action Waiver is found by a court or arbitrator to be unenforceable, the remainder shall be enforceable. If the Class Action Waiver is found by a court or arbitrator to be unenforceable, the remainder of this Arbitration Agreement shall be unenforceable. This Arbitration Agreement shall survive the termination of any contractual agreement between you and us, whether by default or repayment in full. You must agree to this Arbitration Agreement in order to proceed with this transaction.
v) Acceptance of Agreement
By completing a reservation and making any payment, You agree and state that You:
have received, read, understand, accept and agree to the terms, conditions, disclosures and notices appearing in this Agreement;
consent to the use of electronic records;
agree that your electronic signature or electronic consent to these terms shall have the same weight and bearing as your hand written signature;
were given the opportunity to review this Agreement prior to signing;
were in physical control of the mouse, keyboard, or device used to sign the electronic documents and did so with the intent to sign the documents as if You had done so with your hand written signature (if the reservation was made electronically).
Copyright Bozeman Car Rentals, LLC 2019.
